PHC nullifies ‘action in aid’ civil power ordinance as unconstitutional

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NAB amendment ordinance challenged in PHC

PESHAWAR-(Wajid Hoti): Peshawar High Court (PHC) has declared the action in aid to civil power act null and void and unconstitutional which has issued by Governor of Khyber Pakhtunkhwa Shah Farman in September 2019.
A two judges bench of PHC headed by Chief Justice Waqar Ahmad Saith accompanied with justice Musarat Hilali conducted hearing of the writ petition filed by Shabeer Hussain Gigyani against action in aid to civil power act and pleaded that this act is unconstitutional and against the fundamental Rights of the citizen of Khyber Pakhtunkhwa.
During hearing of the case the bench directed Inspector general of police of Khyber Pakhtunkhwa Dr. Muhammad Naeem khan to take control of the internment centers established before few years and constitute a committee regarding the release of detainees.
Court also directed that the detail report about detainees whom lies in prison in different Centers of KP may submit to competent courts and if anybody is involve in any case while their cases are pending the detail must to be given to PHC through process .
The action in aid civil power ordinance which has issued by Governor of KP is unconstitutional ,unlawful, and can give damages to the people of the province and can only be issued during in an emergency based circumstances OR when the session of provincial assembly can’t be convened said the petitioner Shabeer Hussain Gigyani advocate .
The petiitioner told daily times that he had challenged the KP Government enacted two laws_Kp continuation if laws Erstwhile FATA act 2019 and PATA act 2018 abd terming them in conflict with the constitution.
The petitioner has also requested to Peshawar high court to declare the internment centers unconstitutional which has been established under the regulation of 2011.

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